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(영문) 대전지방법원서산지원 2017.10.24 2016가단6448
근저당권말소
Text

1. The Defendant received, October 8, 2014, from the Plaintiff, the Seosan District Court of Daejeon with respect to the land size of 774 square meters in Seosan-si, Seosan-si.

Reasons

1. Facts of recognition;

A. On October 6, 2014, the Defendant entered into a sales contract with D Co., Ltd. (hereinafter “D”) with respect to the purchase price of KRW 157 square meters and KRW 1,355 square meters among KRW 580 square meters and KRW 157 square meters among the 580 square meters and KRW 1,49.1 million for the instant land (hereinafter “instant land”), and the sales contract with respect to the instant F-based reinforced concrete structure and the instant building’s three-story detached housing (hereinafter “instant building”) with respect to the purchase price of KRW 100 million for the instant land (hereinafter “the instant two sales contract and the instant sales contract”).

B. At the time of the instant sales contract, the instant building was under construction by obtaining a construction permit under the name D.

As the special terms of the sales contract for the instant building, the Defendant and D determined that the seller is responsible for the approval of the use of the instant building, and the seller completed the remainder of the construction, excluding furniture, singcing, landscaping construction, at the buyer’s expense until December 31, 2014, and the change of the name of the building permit is completed within seven days after the registration of ownership transfer for the instant land, and D and G are jointly and severally liable.

C. Meanwhile, the registration of provisional seizure was completed for the instant land at the time of the instant sales contract, and the auction procedure was in progress.

Accordingly, the Defendant agreed to complete the registration of ownership transfer when the provisional attachment or seizure registration is cancelled, by depositing the purchase price of D and this case into the account of a certified judicial scrivener H among the sales contracts of this case.

However, on October 7, 2014, I, a creditor of D, completed provisional attachment registration with respect to D's share of 580 square meters in Seosan-si E road, Seosan-si.

On October 8, 2014, the Defendant entered into a mortgage agreement with the Plaintiff, who is the wife of D’s intra-company director G, and Seosan City Forest C, with a maximum claim amount of KRW 100 million on the same day. On the same day, the Defendant completed the registration of the establishment of a mortgage (hereinafter “instant mortgage”).

(e).

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